81 FR 51838 - Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Extension of Compliance Deadlines for Certain Inactive Surface Impoundments; Response to Partial Vacatur
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 151 (August 5, 2016)
Federal Register Volume 81, Issue 151 (August 5, 2016)
| Page Range | 51838-51839 | |
| FR Document | 2016-18325 |
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)] [Proposed Rules] [Pages 51838-51839] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18325] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 257 [EPA-HQ-OLEM-2016-0274; FRL-9949-43-OLEM] Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Extension of Compliance Deadlines for Certain Inactive Surface Impoundments; Response to Partial Vacatur AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA or the Agency) is proposing to extend for certain inactive coal combustion residuals (CCR) surface impoundments the compliance deadlines established by the regulations for the disposal of CCR under subtitle D of the Resource Conservation and Recovery Act (RCRA). These revisions are being proposed in response to a partial vacatur ordered by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) on June 14, 2016. DATES: Written comments must be received by August 22, 2016. Comments postmarked after the close of the comment period will be stamped ``late'' and may or may not be considered by the Agency. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ- OLEM-2016-0274, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit [[Page 51839]] https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: For information concerning this proposed rule, contact Steve Souders, Office of Resource Conservation and Recovery, Environmental Protection Agency, 5304P, Washington, DC 20460; telephone number: (703) 308-8431; email address: [email protected]. For more information on this rulemaking please visit https://www.epa.gov/coalash. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? This proposed rule applies only to those owners or operators of inactive CCR surface impoundments that meet all three of the following conditions: (1) Complied with the requirement at 40 CFR 257.105(i)(1) by placing in their facility's written operating record a notification of intent to initiate closure of the CCR unit as required by 40 CFR 257.100(c)(1), no later than December 17, 2015; (2) complied with the requirement at 40 CFR 257.106(i)(1) by providing notification to the relevant State Director and/or appropriate Tribal authority by January 19, 2016, of the intent to initiate closure of the CCR unit; and (3) complied with the requirement at 40 CFR 257.107(i)(1) by placing the notification of intent to initiate closure of the CCR unit on the owner or operator's publicly accessible CCR Web site no later than January 19, 2016. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. B. Why is EPA issuing this proposed rule? This action proposes to extend the deadlines for the owners and operators of those inactive CCR surface impoundments that had taken advantage of the ``early closure'' provisions of 40 CFR 257.100, who became newly subject to the rule's requirements for existing CCR surface impoundments on June 14, 2016 when the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) ordered the vacatur of those provisions. This proposed rule provides time for these owners and operators to bring their units into compliance with the rule's substantive requirements, but does not otherwise amend the rule or otherwise impose new requirements on those units. In the ``Rules and Regulations'' section of this Federal Register, we have also published a direct final rule for this same action because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reason for this in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule and the direct final rule will become effective as provided in that action. If we do receive adverse comment, we will publish a timely notice in the Federal Register withdrawing the direct final rule and it will not take effect. We will address all public comments in any subsequent final rule based on this proposed rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time, for further information about commenting on this rule see the ADDRESSES section of this document. C. Where is the location of regulatory text for this proposal? The regulatory text for this proposal is identical to that for the direct final rule published in the Rules and Regulations section of the Federal Register. For further supplemental information, the detailed rationale for the proposal, and the regulatory revisions, see the information provided in the direct final rule published in the Rules and Regulations section of this Federal Register. II. Statutory Authority These regulations are established under the authority of sections 1006(b), 1008(a), 2002(a), 4004, and 4005(a) of the Solid Waste Disposal Act of 1970, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C. 6906(b), 6907(a), 6912(a), 6944, and 6945(a). III. Statutory and Executive Order (EO) Reviews For a complete discussion of all of the administrative requirements applicable to this action, see the direct final rule in the Rules and Regulations section of this Federal Register. List of Subjects in 40 CFR Part 257 Environmental protection, Beneficial use, Coal combustion products, Coal combustion residuals, Coal combustion waste, Disposal, Hazardous waste, Landfill, Surface impoundment. Dated: July 26, 2016. Gina McCarthy, Administrator. [FR Doc. 2016-18325 Filed 8-4-16; 8:45 am] BILLING CODE 6560-50-P
![51838 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Proposed Rules
List of Subjects in 38 CFR Part 1 alcoholism, drug abuse, HIV infection, ENVIRONMENTAL PROTECTION
Administrative practice and or sickle cell anemia for purposes of AGENCY
procedure, Archives and records, participation in a VA program or
activity relating to those four 40 CFR Part 257
Cemeteries, Claims, Courts, Crime,
Flags, Freedom of information, conditions, including a program or [EPA–HQ–OLEM–2016–0274; FRL–9949–
Government contracts, Government activity consisting of treatment, 43–OLEM]
employees, Government property, rehabilitation, education, training,
Infants and children, Inventions and evaluation, or research. For the purpose Hazardous and Solid Waste
patents, Parking, Penalties, Postal of infection with the human Management System: Disposal of Coal
Service, Privacy, Reporting and immunodeficiency virus or sickle cell Combustion Residuals From Electric
recordkeeping requirements, Seals and anemia, the term ‘‘patient’’ includes one Utilities; Extension of Compliance
insignia, Security measures, Wages. tested positive for the disease even if no Deadlines for Certain Inactive Surface
Dated: August 2, 2016. treatment is provided, offered, or Impoundments; Response to Partial
requested. The term does not include a Vacatur
Janet J. Coleman,
Chief, Office of Regulation Policy & patient who has tested negative for the AGENCY: Environmental Protection
Management, Office of the Secretary, disease. Agency (EPA).
Department of Veterans Affairs. * * * * * ACTION: Proposed rule.
For the reasons set out in the Treatment. The term ‘‘treatment’’
preamble, Department of Veterans means the management and care of a SUMMARY: The Environmental Protection
Affairs proposes to amend 38 CFR part Agency (EPA or the Agency) is
patient for drug abuse, alcoholism or
1 as follows: proposing to extend for certain inactive
alcohol abuse, or the diagnosis,
coal combustion residuals (CCR) surface
management and care of a patient for impoundments the compliance
PART 1—GENERAL PROVISIONS
infection with the human deadlines established by the regulations
■ 1. The authority citation for part 1 immunodeficiency virus, or sickle cell for the disposal of CCR under subtitle D
continues to read as follows: anemia, or a condition which is of the Resource Conservation and
Authority: 38 U.S.C. 501(a), and as noted
identified as having been caused by one Recovery Act (RCRA). These revisions
in specific sections. or more of these conditions, in order to are being proposed in response to a
reduce or eliminate the adverse effects partial vacatur ordered by the United
■ 2. Amend § 1.460 by: upon the patient. The term does not States Court of Appeals for the District
■ a. Revising the last sentence of the include negative test results for the of Columbia Circuit (D.C. Circuit) on
definition of ‘‘Infection with the human
human immunodeficiency virus, June 14, 2016.
immunodeficiency virus (HIV).’’
antibodies to the virus, or sickle cell DATES: Written comments must be
■ b. Revising the definition of ‘‘Patient.’’
■ c. Revising the definition of
anemia, or such testing of an individual received by August 22, 2016. Comments
‘‘Treatment.’’ where the results are negative.’’ postmarked after the close of the
The revisions read as follows: * * * * * comment period will be stamped ‘‘late’’
■ 3. Revising § 1.461(a)(1)(i) to read as
and may or may not be considered by
§ 1.460 Definitions. the Agency.
follows.
* * * * * ADDRESSES: Submit your comments,
Infection with the human § 1.461 Applicability. identified by Docket ID No. EPA–HQ–
immunodeficiency virus (HIV). * * * OLEM–2016–0274, at http://
The term does not include negative (a) * * *
www.regulations.gov. Follow the online
results from the testing of an individual (1) * * * instructions for submitting comments.
for the presence of the virus or (i) Would identify a patient as an Once submitted, comments cannot be
antibodies to the virus, or such testing alcohol or drug abuser, an individual edited or removed from Regulations.gov.
of an individual where the results are who tested positive for or is infected The EPA may publish any comment
negative. with the human immunodeficiency received to its public docket. Do not
* * * * * virus (HIV), hereafter referred to as HIV, submit electronically any information
Patient. The term ‘‘patient’’ means or an individual who tested positive for you consider to be Confidential
any individual or subject who has been or has sickle cell anemia, either directly, Business Information (CBI) or other
given a diagnosis or treatment for drug by reference to other publicly available information whose disclosure is
abuse, alcoholism or alcohol abuse, information, or through verification of restricted by statute. Multimedia
infection with the human submissions (audio, video, etc.) must be
such an identification by another
immunodeficiency virus, or sickle cell accompanied by a written comment.
person; and
anemia and includes any individual The written comment is considered the
who, after arrest on a criminal charge, * * * * * official comment and should include
is interviewed and/or tested in [FR Doc. 2016–18660 Filed 8–4–16; 8:45 am] discussion of all points you wish to
connection with drug abuse, alcoholism BILLING CODE 8320–01–P make. The EPA will generally not
or alcohol abuse, infection with the consider comments or comment
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human immunodeficiency virus, or contents located outside of the primary
sickle cell anemia in order to determine submission (i.e., on the web, cloud, or
that individual’s eligibility to other file sharing system). For
participate in a treatment or additional submission methods, the full
rehabilitation program if the result of EPA public comment policy,
such testing is positive. The term information about CBI or multimedia
‘‘patient’’ includes an individual who submissions, and general guidance on
has been diagnosed or treated for making effective comments, please visit
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![Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Proposed Rules 51839
https://www.epa.gov/dockets/ B. Why is EPA issuing this proposed C. Where is the location of regulatory
commenting-epa-dockets. rule? text for this proposal?
FOR FURTHER INFORMATION CONTACT: For This action proposes to extend the The regulatory text for this proposal is
information concerning this proposed deadlines for the owners and operators identical to that for the direct final rule
rule, contact Steve Souders, Office of of those inactive CCR surface published in the Rules and Regulations
Resource Conservation and Recovery, impoundments that had taken section of the Federal Register. For
Environmental Protection Agency, advantage of the ‘‘early closure’’ further supplemental information, the
5304P, Washington, DC 20460; provisions of 40 CFR 257.100, who detailed rationale for the proposal, and
telephone number: (703) 308–8431; became newly subject to the rule’s the regulatory revisions, see the
email address: souders.steve@epa.gov. requirements for existing CCR surface information provided in the direct final
impoundments on June 14, 2016 when rule published in the Rules and
For more information on this
the United States Court of Appeals for Regulations section of this Federal
rulemaking please visit https://
the District of Columbia Circuit (D.C. Register.
www.epa.gov/coalash.
Circuit) ordered the vacatur of those
SUPPLEMENTARY INFORMATION: provisions. This proposed rule provides II. Statutory Authority
time for these owners and operators to
I. General Information bring their units into compliance with These regulations are established
the rule’s substantive requirements, but under the authority of sections 1006(b),
A. Does this action apply to me? 1008(a), 2002(a), 4004, and 4005(a) of
does not otherwise amend the rule or
This proposed rule applies only to otherwise impose new requirements on the Solid Waste Disposal Act of 1970, as
those owners or operators of inactive those units. In the ‘‘Rules and amended by the Resource Conservation
CCR surface impoundments that meet Regulations’’ section of this Federal and Recovery Act of 1976 (RCRA), as
all three of the following conditions: (1) Register, we have also published a amended by the Hazardous and Solid
Complied with the requirement at 40 direct final rule for this same action Waste Amendments of 1984 (HSWA), 42
CFR 257.105(i)(1) by placing in their because we view this as a U.S.C. 6906(b), 6907(a), 6912(a), 6944,
noncontroversial action and anticipate and 6945(a).
facility’s written operating record a
notification of intent to initiate closure no adverse comment. We have III. Statutory and Executive Order (EO)
of the CCR unit as required by 40 CFR explained our reason for this in the Reviews
257.100(c)(1), no later than December preamble to the direct final rule.
17, 2015; (2) complied with the If we receive no adverse comment, we For a complete discussion of all of the
requirement at 40 CFR 257.106(i)(1) by will not take further action on this administrative requirements applicable
providing notification to the relevant proposed rule and the direct final rule to this action, see the direct final rule in
State Director and/or appropriate Tribal will become effective as provided in the Rules and Regulations section of this
authority by January 19, 2016, of the that action. If we do receive adverse Federal Register.
comment, we will publish a timely
intent to initiate closure of the CCR unit; List of Subjects in 40 CFR Part 257
notice in the Federal Register
and (3) complied with the requirement
withdrawing the direct final rule and it Environmental protection, Beneficial
at 40 CFR 257.107(i)(1) by placing the
will not take effect. We will address all use, Coal combustion products, Coal
notification of intent to initiate closure
public comments in any subsequent combustion residuals, Coal combustion
of the CCR unit on the owner or
final rule based on this proposed rule. waste, Disposal, Hazardous waste,
operator’s publicly accessible CCR Web We do not intend to institute a second
site no later than January 19, 2016. Landfill, Surface impoundment.
comment period on this action. Any
If you have any questions regarding Dated: July 26, 2016.
parties interested in commenting must
the applicability of this action to a do so at this time, for further Gina McCarthy,
particular entity, consult the person information about commenting on this Administrator.
listed in the preceding FOR FURTHER rule see the ADDRESSES section of this [FR Doc. 2016–18325 Filed 8–4–16; 8:45 am]
INFORMATION CONTACT section. document. BILLING CODE 6560–50–P
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Document Created: 2016-08-05 06:43:58
Document Modified: 2016-08-05 06:43:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received by August 22, 2016. Comments postmarked after the close of the comment period will be stamped ``late'' and may or may not be considered by the Agency. | |
| Contact | For information concerning this proposed rule, contact Steve Souders, Office of Resource Conservation and Recovery, Environmental Protection Agency, 5304P, Washington, DC | |
| FR Citation | 81 FR 51838 | |
| CFR Associated | Environmental Protection; Beneficial Use; Coal Combustion Products; Coal Combustion Residuals; Coal Combustion Waste; Disposal; Hazardous Waste; Landfill and Surface Impoundment |
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